PICTOU COUNTY LAND USE BY-LAW Towns of New Glasgow, … · Strategy (“IPS”) and the Secondary...

PICTOU COUNTY LAND USE BY-LAW

Towns of New Glasgow, Pictou, Stellarton, Trenton and Westville

April 13, 2015

Pictou County Land Use By-Law

Preface i | P a g e

Preface

This document constitutes the Land Use By-Law (“LUB”) for the Towns of New Glasgow, Pictou, Stellarton, Trenton and Westville, of Pictou County Nova Scotia (“the Towns”). This LUB updates and replaces the five LUBs and is adopted pursuant to the Municipal Government Act of Nova Scotia (“MGA”). This LUB, along with the Subdivision By-Law (“SDB”), the Inter-municipal Planning Strategy (“IPS”) and the Secondary Planning Strategies (“SPS”) form the “Planning Documents” as defined in s. 191(n) MGA.

An SPS will be adopted by each municipal unit to address land Use and land Development matters specific to each Town. The five SPS documents will also form part of the IPS, but each may be amended from time to time by its parent municipal unit.

This LUB is intended to add to and not to conflict with or subtract from, the requirements contained in valid Federal and Provincial laws and regulations in force from time to time and shall be interpreted accordingly.

Any capitalized word herein is defined.

For ease of reference throughout, Pictou County means the geographic area comprising the Towns and the Municipality of the County of Pictou and is not a reference to the Municipality of the County of Pictou.


Certification and Effective Date ii | P a g e

Certification We certify that the following LAND USE BY-LAW was duly adopted by the Councils of the Towns of Pictou County at duly called meetings and was published as indicated below. _______________________________ ________________________________ Lisa MacDonald, CAO/Town Clerk Scott Conrod, CAO/Town Clerk Town of New Glasgow Town of Pictou _______________________________ _______________________________ Joyce Eaton, Town Clerk Cathy MacGillivray, CAO/Town Clerk Town of Stellarton Town of Trenton _______________________________ Kelly Rice, CAO/Town Clerk Town Westville

Municipality Date of

First Reading

Date of Public Participation

Meeting

Date of Public

Hearing

Date of Second Reading

Date of Ministerial Approval

Notice of Effective

Date Town of New Glasgow Town of Pictou Town of Stellarton Town of Trenton Town of Westville

Office Consolidations include Ministerial Amendments to the original and will be revised from time to time as required by future amendments. Office Consolidations are prepared for ease of reference only; refer to original documents for accuracy, available at the Towns.


Table of Contents

PREFACE ..................................................................................................................................................................... I

CERTIFICATION ...................................................................................................................................................... II

PART 1: INTRODUCTION ..................................................................................................................................... 1 1. EFFECTIVE DATE ...................................................................................................................................................... 1 2. TITLE .......................................................................................................................................................................... 1 3. PURPOSE .................................................................................................................................................................... 1

PART 2: INTERPRETATION AND DEFINITIONS ........................................................................................... 2 4. INTERPRETATION ..................................................................................................................................................... 2 5. DEFINITIONS.............................................................................................................................................................. 2

PART 3: ADMINISTRATION ............................................................................................................................. 26 6. DEVELOPMENT OFFICER ....................................................................................................................................... 26 7. DEVELOPMENT PERMIT ........................................................................................................................................ 26 8. DEVIATIONS ............................................................................................................................................................. 26 9. RIGHT OF ENTRY..................................................................................................................................................... 26 10. LAPSE OF PERMITS ................................................................................................................................................. 26 11. REVOCATION OF PERMITS ..................................................................................................................................... 27 12. REFUSAL OF PERMITS ............................................................................................................................................ 27 13. VIOLATIONS ............................................................................................................................................................. 27 14. APPLICATION FOR DEVELOPMENT PERMITS ..................................................................................................... 27 15. PLANNING ADVISORY COMMITTEE ...................................................................................................................... 27 16. GENERAL BY-LAW PROVISIONS ........................................................................................................................... 28

PART 4: INTERPRETATION OF MAPS AND TEXT ..................................................................................... 29 17. ZONE CLASSIFICATION ........................................................................................................................................... 29 18. ZONING MAP ........................................................................................................................................................... 29 19. INTERPRETATION OF ZONING BOUNDARIES ...................................................................................................... 29 20. ZONES NOT ON ZONING MAP ................................................................................................................................ 30

PART 5: ALL ZONES ............................................................................................................................................ 31 21. GENERAL .................................................................................................................................................................. 31 22. PARKING AND LOADING ......................................................................................................................................... 39 23. SIGNAGE ................................................................................................................................................................... 46 24. DEVELOPMENT IN AREAS PRONE TO SUBSIDENCE ........................................................................................... 54 25. ENVIRONMENTAL PROTECTION ........................................................................................................................... 55 26. WIND ENERGY ........................................................................................................................................................ 55 27. HOME OCCUPATIONS ............................................................................................................................................. 57 28. BED & BREAKFAST ESTABLISHMENTS ............................................................................................................... 58 29. DAY CARE FACILITIES ............................................................................................................................................ 58 30. GARDEN SUITES AND GARAGE SUITES ................................................................................................................ 58 31. SITE PLANS .............................................................................................................................................................. 59 32. DEVELOPMENT AGREEMENTS .............................................................................................................................. 61

PART 6: RESIDENTIAL ZONES......................................................................................................................... 63 33. RESIDENTIAL SINGLE UNIT DWELLING (R1) ZONE ......................................................................................... 63 34. HOBBY FARMS ......................................................................................................................................................... 64 35. GARDEN PLOTS ....................................................................................................................................................... 65


36. RESIDENTIAL TWO UNIT (R2) ZONE ................................................................................................................. 66 37. RESIDENTIAL MULTIPLE UNIT (R3) ZONE ........................................................................................................ 70 38. RURAL RESIDENTIAL (RR) DEVELOPMENT....................................................................................................... 73 39. RESIDENTIAL MINI HOME PARK (R5) ZONE .................................................................................................... 76

PART 7: COMMERCIAL ZONES ........................................................................................................................ 78 40. DOWNTOWN CORE (C1) ZONE ............................................................................................................................ 78 41. DOWNTOWN COMMERCIAL (C1-A) ZONE ......................................................................................................... 83 42. NEIGHBOURHOOD COMMERCIAL (C2) ZONE .................................................................................................... 86 43. HIGHWAY COMMERCIAL (C3) ZONE ................................................................................................................... 88 44. COMMERCIAL BUSINESS PARK (C4) ZONES ...................................................................................................... 92 45. WESTSIDE PLAZA COMMERCIAL (C5) ZONE ..................................................................................................... 97

PART 8: FUTURE REDEVELOPMENT AREA (FRA) ZONE ....................................................................... 99 46. FUTURE REDEVELOPMENT AREA (FRA) ZONE ................................................................................................ 99

PART 9: INDUSTRIAL ZONES ......................................................................................................................... 100 47. LIGHT INDUSTRIAL (M1) ZONES ...................................................................................................................... 100 48. PROVINCIAL RESOURCE (M2) ZONE ................................................................................................................ 104 49. GENERAL INDUSTRIAL (M3) ZONE .................................................................................................................. 106

PART 10: INSTITUTIONAL (I) ZONE ........................................................................................................... 109 50. INSTITUTIONAL (I) ZONE ................................................................................................................................... 109

PART 11: RECREATION (P) ZONE ................................................................................................................ 113 51. RECREATION (P) ZONE ...................................................................................................................................... 113

PART 12: FLOODPLAIN (F) ZONE ................................................................................................................ 115 52. FLOODPLAIN (F) ZONE ....................................................................................................................................... 115

PART 13: WATERFRONT (W) ZONE ........................................................................................................... 116 53. WATERFRONT (W) ZONE .................................................................................................................................. 116

PART 14: WATER SUPPLY (WS) ZONE ....................................................................................................... 119 54. WATER SUPPLY (WS) ZONE ............................................................................................................................. 119

PART 15: AIRPORT (AP) ZONE ..................................................................................................................... 120 55. AIRPORT (AP) ZONE ........................................................................................................................................... 120

PART 16: SCHEDULES ...................................................................................................................................... 122 56. SCHEDULE A – ZONE MAPS ............................................................................................................................... 122 57. SCHEDULE B – SUBSIDENCE PRONE LANDS .................................................................................................... 122 58. SCHEDULE C – ENVIRONMENTAL FEATURES .................................................................................................. 122 59. SCHEDULE D – ARCHITECTURAL GUIDELINES ................................................................................................ 122 60. SCHEDULE E – GROUNDS SIGNS MAX 24.4M (80 FT) IN HEIGHT .............................................................. 122 61. SCHEDULE F – APPROVAL PROCESS BY DEVELOPMENT TYPE .................................................................... 122 62. SCHEDULE G – RESIDENTIAL USES – DOWNTOWN ZONES .......................................................................... 122


Tables

Table 1 – Zone Classifications .......................................................................................................................................... 29 Table 2 – Permitted Encroachments into Yards ....................................................................................................... 36 Table 3 - Designated Parking Stalls ................................................................................................................................ 41 Table 4 – Parking Requirements for Residential Uses ........................................................................................... 42 Table 5 – Parking Requirements for Commercial Uses ......................................................................................... 42 Table 6 – Parking Requirements for Institutional Uses ......................................................................................... 43 Table 7 – Parking Requirements for Industrial Uses .............................................................................................. 44 Table 8 – Vehicle Queuing Requirements .................................................................................................................... 46 Table 9 – Residential Single Unit (R1) Zone Requirements (no central water or sanitary sewer) ..... 64 Table 9A – Residential Single Unit (R1) Zone Requirements (with central water and sanitary sewer) ....................................................................................................................................................................................................... 64 Table 10 – Residential Two Unit (R2) Zone Requirements ................................................................................. 67 Table 11 – Brady Subdivision, Brady Court and Norma Street Extension Zone Requirements ........... 67 Table 12 – Existing Multiple Residential Dwelling and Boarding Houses ..................................................... 68 Table 13 – Residential Multiple Unit (R3) Zone Requirements ......................................................................... 71 Table 14 – Residential Multiple Unit (R3) Recreation Space Requirements ................................................ 71 Table 15 – Rural Residential (RR) Zone Requirements ......................................................................................... 74 Table 16 – Rural Residential (RR) Zone Requirements for Flag Lots .............................................................. 74 Table 17 – Residential Mini Home Park (R5) Zone Requirements ................................................................... 77 Table 18 – Downtown Core (C1) Zone Requirements ........................................................................................... 80 Table 19 – Downtown Commercial (C1-A) Zone Requirements ........................................................................ 84 Table 20 – Neighbourhood Commercial (C2) Zone Requirements ................................................................... 87 Table 21 – Highway Commercial (C3) Zone Requirements ................................................................................. 90 Table 22 – Commercial Business Park (C4) Zone Requirements ...................................................................... 94 Table 23 – Westside Plaza Commercial (C5) Zone Requirements .................................................................... 97 Table 24 – Light Industrial (M1) Zone Requirements ......................................................................................... 102 Table 25 – General Industry (M3) Zone Requirements ...................................................................................... 107 Table 26 – Institutional (I) Zone Lot Requirements ............................................................................................ 110 Table 27 – Recreation (P) Zone Lot Requirements .............................................................................................. 114 Table 28 – Waterfront (W) Zone Requirements .................................................................................................... 117 Table 29 – Water Supply (WS) Zone Requirements ............................................................................................ 119 Table 30 – Airport (AP) Zone Requirements .......................................................................................................... 120


Part 1: Introduction 1 | P a g e

Part 1: Introduction

1. Effective Date This By-Law shall take effect when the Notice of Effective Date has been published, whereupon any applicable previous Land Use By-Law (LUB) is repealed.

2. Title This By-Law may be cited as the “Land Use By-Law” (LUB) for the Towns, and applies to all lands within the Towns.

3. Purpose This By-Law is enacted to carry out the purpose and intent of the Inter-Municipal Planning Strategy (IPS) and Secondary Planning Strategies (SPS) for the Towns, which can also be referred to as the “Municipal Planning Strategy” (MPS), in accordance with the sections 215, 216, and 219 of the Municipal Government Act. 1998, c. 18 (MGA), by regulating Structure Use, location, size, spacing and character, as well as certain provisions of the Subdivision By-Law (SUB).


Part 2: Interpretation and Definitions 2 | P a g e

Part 2: Interpretation and Definitions

4. Interpretation In this By-Law, tense and numbers are interchangeable, gender is neutral and interpretation shall be in accordance with the Interpretation Act. R.S., c. I-23. Linear and area measurements are shown in metric with rounded imperial conversions. The imperial conversions are intended as a convenience, and the Development Officer shall interpret the requirements when necessary. List of Abbreviations

DA Development Agreement

GFLUM Generalized Future Land Use Map

IPS Inter-Municipal Planning Strategy

LUB Land Use By-Law

MGA Municipal Government Act of Nova Scotia

NBCC National Building Code of Canada

SDB Sub-Division By-Law

SPA Site Plan Approval

CD Commercial Designation

SPS Secondary Planning Strategy

RD Residential Designation

5. Definitions In this By-Law, section 5 definitions apply to the MPS and abbreviation or technical standard shall be interpreted by reference to The Zoning Dictionary and The Illustrated Book of Development Definitions as applicable. In this By-Law:

5.1. Accessory Building means a subordinate Building on the Main Building Lot, incidental to and exclusively for the main Use, and does not include a Building attached to the Main Building, a Swimming Pool, or a Fence.

5.2. Accessory Structure means a subordinate Structure on the Main Building Lot, incidental to and exclusively for the main Use.

5.3. Accessory Use means a subordinate Use on the Main Building Lot, incidental to and exclusively for the main Use.



5.4. Accommodations mean Buildings or portions thereof in which rooms are regularly provided for compensation for tourist Use and which are not used by the owner as a family Dwelling, including without limitation, Hotels and Motels and not including Multiple Unit Dwellings, Bed and Breakfast establishments, lodging houses, apartment Buildings, Community Homes or special care homes.

5.5. Adult Entertainment Use (including Adult Cabarets) means any establishment or Retail business that offers goods, services, or entertainment to the public intended to deliver sexual stimulation, or is reasonably intended to appeal to erotic appetites. It includes, without limitation, entertainment characterized by the display of the nude or semi-nude human body in a sexual manner. Such entertainment is commonly promoted using adjectives or terms such as "nude", "topless", "adult", "sexy", "exotic", and so on. It includes, without limitation, Massage Parlours, video stores that primarily sell adult movie titles, adult book stores, and stores that primarily sell goods and supplies that purport to aid or enhance the sexual experience.

5.6. All Age Teen Club means a Commercial establishment primarily targeting teenagers and operating as a dance or social club licensed per the Theatres and Amusements Act. R.S., c. 466 and which does not involve the licensed sale of alcoholic beverages.

5.7. Alter means to structurally change a Building including, without limitation, volume change.

5.8. Amenity Space means an area situate within a residential Development site for recreational purposes including, without limitation, Landscaped areas, patios, private space, Verandahs, balconies, communal Lounges, Swimming Pools, play areas and similar Uses, but not including, Parking Lots, aisles, access driveways or any area occupied at grade by a Building service area.

5.9. Animal means any non-human Animal, including birds and fish used for agricultural purposes and household pets.

5.10. Animal Clinic means an Animal hospital in which the Use is confined to providing care to outpatients with no overnight lodging of Animals.

5.11. Animal Hospital means an establishment providing surgical or medical treatment or examination of domestic pets entirely within a Building and may include:

5.11.1. the premises where Animals are treated or kept;

5.11.2. a Building or part of a Building used as the premises of a Veterinary Surgeon where domestic Animals are treated but shall not include an Animal shelter or Kennel;

5.11.3. a facility in which the practice conducted includes the confinement as well as the

treatment of patients;

5.11.4. a Building or Structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to Animals and in conjunction with which there may be shelter provided, within the Building or Structure, during the period of treatment;



5.11.5. a Building where one or more licensed veterinarians and any associated staff provide medical, surgical, grooming, boarding or similar services solely for household pets;

5.11.6. a place where Animals or pets are given medical or surgical treatment, which may

include short-time boarding of Animals incidental to such hospital Use; and

5.11.7. a Building or part thereof used by veterinarians primarily for the purpose of the consultation, diagnosis and Office treatment of household pets, but shall not include long-term boarding facilities.

5.12. Artwork means the graphic display of a painting, mural or the like with an artistic theme

that is not a Sign, and shall not include displays featuring a logo, emblem, company brand or other advertising message in relation to a Commercial enterprise, industry or business.

5.13. Automobile Rental Establishment means a Building or part thereof and may include a defined space on a Lot used for vehicle rental, but shall not include the servicing or repair of automobiles.

5.14. Automobile Sales Establishment means a Building or part thereof and may include a defined space on a Lot used for vehicle sales and may include the servicing and repairing of Motor Vehicles.

5.15. Automobile Service Station means a Building or a clearly defined space on a Lot used for the sale of lubricating oils and gasoline and may include the sale of automobile accessories and the servicing and minor repairing of Motor Vehicles and may include an automobile Car Wash or Convenience Store, or both, but does not include an automobile body shop.

5.16. Bank (Drive-through) means an establishment with banking facilities for attracting and servicing prospective customers travelling in Motor Vehicles which are driven onto the site where such business is carried on, where normally the customer remains in the vehicle for service.

5.17. Bed and Breakfast means an owner-occupied single unit Dwelling in which the resident owner supplies rooms for compensation for tourist Use and which is licensed per the Tourist Accommodations Act. 1994-95, c. 9.

5.18. Berm means a raised area of land to Screen a Use from abutting Uses.

5.19. Blade Clearance means the distance from grade to the bottom of the Rotor's Arc on a Wind Turbine.

5.20. Boarding House means a single unit Dwelling in which the resident supplies weekly or monthly room only or room and board for compensation, and which is not open to the traveling public.

5.21. Buffer Strip means a Landscaped area that wholly or partially separates adjacent land Uses.



5.22. Building means any Temporary or permanent Structure used for shelter, Accommodation or enclosure of Persons, Animals, material or equipment, and which does not include a mobile/modular Building with a Main Wall width of 6 metres or less.

5.23. Building Height means the vertical distance between the Established Grade and the greater of the mean level between the eaves and the ridge of a Gabled, hip, gambrel or other Pitched roof, and the highest point of the roof surface or the parapet of a flat roof, or the Deck line of a mansard roof, but does not include any ornamental accessory roof construction or mechanical Building operation such as a chimney, Tower, cupola, steeple or antenna.

5.24. Building Line means a line regulating Lot position of a Building. The minimum Building Line is established by the requisite Yard depth for the Lot Zone, except where an existing Building is located closer on the Lot than the required depth, the latter which is considered an established Building Line and is measured at the Main Wall of an existing Main Building.

5.25. Bulk Storage Facility means a Lot used for large-quantity Outdoor Storage or tank storage of raw materials or industrial goods such as liquids (fuel oil), gases, minerals, pipes, gravel, fertilizers and grain, with or without Buildings.

5.26. Cabaret means a Commercial establishment that features live entertainment and sells liquor by the glass, and beer and wine by the glass, open bottle or other container, as per the licensing requirements of the Liquor Control Act, R.S., c. 260.

5.27. Café means an establishment primarily serving light meals.

5.28. Campground means an area of land for the temporary accommodation of travel trailers, motorized homes, tents and trailers used for travel, recreational and vacation purposes, but does not include a mobile home park.

5.29. Carport means a Building or Structure which is without walls on at least two sides and is used for the parking and storage of a Motor Vehicle and for the purposes of this By-Law a Carport with an enclosed second storey which is attached to the main Dwelling.

Illustration of Building Height Calculations



5.30. Car Wash means any establishment or business that offers fixed-site car-cleaning services or equipment that is part of a Structure and does not include a mobile Car Wash.

5.31. Cemetery means a burial place or ground other than a churchyard that may include a vault for the storage of remains and a chapel used for internment services.

5.32. Church means a Building for religious worship and includes a Church hall, Church auditorium, Sunday school, parish hall, rectory, manse and Church-operated daycare.

5.33. Clinic means a Building used for medical, dental, surgical or therapeutic treatment of human patients that does not include overnight facilities and does not include a professional Office of a doctor located in his or her residence.

5.34. Climbing Apparatus means the ladder located on a Wind Turbine used for climbing and maintenance.

5.35. Commercial means any Use for Retail or wholesale trade or sale of goods, materials, and services.

5.36. Commercial Club means a club operated for gain other than a Community Centre.

5.37. Commercial Recreation means a Building or Lot or part thereof used solely for recreation or entertainment purposes for profit or gain, and may include such Uses as dance halls, theatres, cinemas, billiards or pool halls, bowling alleys, miniature golf courses, bingo halls, Campgrounds, and amusement arcades.

5.38. Community Centre means a Building used for recreational, social, educational and

cultural activities, owned and operated by a public or non-profit group or agency.

5.39. Community Garden means a piece of land utilized by a non-profit society or group for the purposes of producing food and flowers for the personal Use of the society or group members, or for the purposes of a community education program that encourages the involvement of schools, youth groups and citizens.

5.40. Community Home means a community based group living arrangement, in a single

housekeeping unit, for up to a maximum of seven (7) individuals, exclusive of staff and/ or receiving family, with special needs that is developed for the well-being of its residents through self-help, professional care, guidance and supervision, and may include congregate housing. A Community Home is licensed, funded or approved by the Province of Nova Scotia.

5.41. Convenience Stores means a store and associated Uses that serve the need of the

surrounding area and shall include, but not be limited to, items of merchandise which constitute the main feature of the following types of stores: general stores, food stores, hardware stores, sporting goods stores, delicatessens and drug stores, provided that all such items are new Retail merchandise and that such business is conducted within a wholly enclosed Building, but may not include a Restaurant.



5.42. Corner Vision Triangle means the area of a Corner Lot enclosed by a triangle, the apex of which is the intersection of the flanking Lot line and the front Lot line, two sides of which triangle are 6 metres in length measured from the abutting Street Line of each Street a distance of 6 metres from their intersection point.

5.43. Cottage means a freestanding rental unit for the Use of the traveling or vacationing public,

containing a maximum of three Bedrooms, a bathroom, a kitchen and/or living room.

5.44. Council means the Councils of the Towns.

5.45. Country Inn means a Building, originally built as a single family Dwelling, that may have historical and/or architectural significance, and which is converted to a Tourist Establishment with 4 or more rooms for rent for overnight sleeping Accommodations for the traveling public. This type of inn may also include a Restaurant and/or residential accommodation for the owner or caretaker.

5.46. Court means an open, uncovered and unoccupied space appurtenant to a Building and bounded on two or more sides by Building Walls.

5.47. Cultural Use means any Use of a Building or land for Uses such as theatres, auditoriums, art galleries, libraries, museums, meetings, conferences, and similar Uses.

5.48. Custom Workshop means a Building or part of a Building used by a trade, craft or guild for the manufacture of custom ordered clothes or articles and includes upholstering, repair, refinishing of antiques and other art objects.

5.49. Day Care means the activity as defined under the Day Care Act in a place where six or fewer preschool children or eight or fewer school age children, including the children of the caregiver, are cared for on a temporary basis for compensation without overnight accommodation, but does not include a school.

5.50. Day Care, Residential means the activity as defined under the Day Care Act in a place where seven or more preschool children or nine or more school age children are cared for on a temporary basis for compensation without overnight accommodation, but does not include a school.



5.51. Deck means a Dwelling-abutting Structure without roof or walls excepting visual

partitions and railings constructed on piers or a foundation above-grade for outdoor living area Use.

5.52. Decommissioning means Wind Turbine removal following at least one year of inactivity.

5.53. Development includes any Erection, construction, Alteration, replacement, relocation or addition to any Structure and any change or Alteration in the Use made of land or Structures.

5.54. Development Agreement means an agreement pursuant to the MGA and an application to address any Structure Erection, construction, Alteration, replacement, relocation or addition and any land or Structure Use Alteration.

5.55. Development Permit means a Development Officer-issued permit other than a Building permit indicating proposed Development LUB compliance.

5.56. Development Officer(s) means the municipal Development Officer(s) appointed by the Town in accordance with the Municipal Government Act and charged with the duty of administering the provisions of this By-Law.

5.57. Dormitory means a Building used as group living quarters for a student body as an

Accessory Use for a college, university, boarding school or similar Institutional Use.

5.58. Dry Cleaning Depot means a business where clothes and other items are dropped off to be professionally cleaned which are then transported to another location for cleaning.

5.59. Dwelling means a Building occupied or with capacity for home, residence, or sleeping occupancy by one or more Persons, containing one or more Dwelling Units, and does not include a Hotel, Motel, Apartment Hotel or a Travel Trailer.

5.60. Dwelling, Converted means a Building converted to house more Dwelling Units than the original Dwelling.

5.61. Dwelling, Duplex means a Building divided horizontally into two Dwelling Units each with a separate entrance from outside or from a common vestibule.

5.62. Dwelling, Existing Multiple Residential means a Converted Dwelling or apartment Building containing three or more Dwelling Units existing prior to January 1, 2000 as Development Officer-verified by assessment record or otherwise.

5.63. Dwelling, Group Care Facility means a Building provincially or federally licensed for the housing and treatment of Persons, including hospitals, Nursing Homes, or other establishment providing special care for physically or mentally ill or otherwise disabled Persons.



5.64. Dwelling, Mini Home means a pre-manufactured home with length-to-width ratio of 3:1 or greater, transportable as a single unit to the site and containing CAN/CSA – A277-90 or later or CSA Z240 MH Series 92 or subsequent certification.

5.65. Dwelling, Mobile Home means a pre-manufactured home designed for transportation after fabrication by its own wheels or on a flatbed or other trailer, including prefabricated Dwellings having any Main Wall with a width of less than 6.1 metres.

5.66. Dwelling, Multiple means a Building comprising three or more residential Dwelling Units, and may include a Townhouse, and/or more than one residential Dwelling on a Lot.

5.67. Dwelling, Existing Mobile Home means a Mobile Home Dwelling existing prior to January 1, 2000, as Development Officer-verified by assessment record or otherwise.

5.68. Dwelling, Semi-detached means a partially detached Building containing two Dwelling Units, and may contain one Secondary Suite per NBCC provisions, and which is constructed wholly on site from transported materials and not to be removed.

5.69. Dwelling, Single Detached means a completely detached Building containing one Dwelling Unit, and may contain one Secondary Suite per NBCC provisions, and which is constructed wholly on site from transported materials and not to be removed.

5.70. Dwelling, Two Unit means a Building that is divided into two Dwelling Units, and may include a Duplex, semi-detached, or detached Dwelling with a subsidiary apartment unit, and may contain one Secondary Suite if located on an individual Lot, per NBCC.

5.71. Dwelling, Townhouse means three or more Dwelling Units, each with a separate entrance, constructed side by side and separated by common vertical walls, and may contain one Secondary Suite if located on an individual Lot, per NBCC.

5.72. Dwelling Unit means one or more habitable rooms for Use by Person(s) as an independent housekeeping establishment with separate kitchen and sanitary facilities for exclusive Use by such Person(s), and with separate entrance from outside or from a common vestibule.

5.73. Enriched Seniors Residence means a residence providing accommodations for senior citizens, containing independent Dwelling units, and associated with an adjacent nursing home that provides its services to the inhabitants of the residence.

5.74. Erect means to build, construct, reconstruct, Alter or relocate and, without limitation, includes preliminary operations such as excavating, grading, piling, cribbing, Filling or draining, or existing Building structural Alteration by addition, deletion, enlargement or extension.



5.75. Established Grade means the

average elevation of all finished ground surfaces adjoining each exterior Building wall exclusive of any localized depression such as vehicle or pedestrian entrance.

5.76. Fence means a constructed

barrier of any material or combination thereof, and may include Landscaping, Berms, or the like, to enclose or Screen, to prevent entrance, to confine, or to mark a boundary.

5.77. Fenestration means the form and placement of windows on Building elevations.

5.78. Fill means deposited material on a Lot to Alter land level.

5.79. Finance Company means a Person or entity providing non-depository financial services, where the primary business is the buying or selling of mortgages, conditional sales agreements, lien notes, or other obligations regarding property, or advancing or lending money and providing security for the repayment thereof a mortgage or chattel. This definition excludes a Person or entity whose primary business involves only providing consultative services related to the financial matters outlined above, or brokering such matters, in a business or professional Office.

5.80. Financial Institution means an investment banking firm, brokerage firm or any entity that obtains its funds mainly through deposits from the public, and includes all institutions considered registered banks under the Bank Act, savings and loan associations, credit unions, and the like.

5.81. Fishery Use means a Use supportive of the fishery, including general storage, docks, boat launches and sales of fish.

5.82. Flood Proofing means a measure or combination of structural and non-structural

measures incorporated into the design of a Structure that reduces or eliminates the risk of flood damage, usually to a defined elevation. The prescribed method of Flood Proofing is through the permanent placing of Fill, or elevation of the Structure, or having the sills of all windows and doors through the foundation walls above the specified level.

5.83. Floodway means the inner portion of a flood risk area where the risk of flooding is greatest, on average once in twenty years, and where flood depths and velocities are greatest.



5.84. Floodway Fringe means the outer portion of a flood risk area where the risk of flooding is moderate and floods on average once in one hundred years.

5.85. Floor Area means the floor space occupied by a Use.

5.86. Floor Area, Gross means the Floor Area, in addition to the area used for Building maintenance and service equipment, loading, or vehicle parking and storage, excluding any unfinished basement or cellar.

5.87. Gable means the triangular section of a wall at the end of a Pitched roof formed between the eaves.

5.88. Garage means an enclosed or partially enclosed attached or detached Accessory Building for vehicle storage, involving no business or service provision for profit, subject to other provision herein.

5.89. Garage Suite means a Secondary Suite within or attached to a detached Garage on a site with a Single Detached house, with separate cooking, sleeping, and bathroom facilities, and with a separate entrance from the vehicle entrance to the Garage, by a common indoor landing or directly from the Structure. A Garage Suite precludes the existence of any additional Secondary Suites. Mini-homes, mobile homes and similar Structures cannot be used as a Garage Suite.

5.90. Garden Suite means a single-storey Secondary Suite that is accessory to, but detached from, the principal Single Detached house, with separate cooking, sleeping and bathroom facilities. A Garden Suite precludes the existence of any additional Secondary Suites. Mini-homes, mobile homes and similar Structures cannot be used as a Garden Suite.

5.91. Grade Level means the site elevation prior to any Development.

5.92. Heavy Equipment Commercial Use means a Commercial Use with on-property storage of heavy equipment and/or vehicles including tractors, excavators, delivery trucks, transport



trucks and/or trailers, dump trucks, buses, and cube vans, and excluding panel vans, ambulances, hearses and pick-up trucks.

5.93. Heritage Structure means a Structure situate on a property registered municipally with the Heritage Advisory Committee or provincially in the Heritage Property Program per the Heritage Property Act. R.S., c. 199.

5.94. Highway means, per the Motor Vehicle Act, R.S., c. 293:

5.94.1. a public Highway, Street, lane, road, alley, park, beach or place including the bridges thereon, and

5.94.2. private property that is designed to be and is accessible to the general public for the

operation of a motor vehicle.

5.95. Home Occupation means an Accessory Use of a Dwelling for income from sale of goods and/or services including: business or professional Offices, domestic and household arts, Custom Workshops, food preparation services, Residential Day Cares, Pet Grooming establishments, and Personal Service shops, and excluding auto repair, welding, mechanical repair or the like, and resident hobbies.

5.96. Hostel means a Building that may be owner-occupied with individual rooms or Dormitory-style housing for the travelling public with common domiciliary facilities for the Use, and does not include a Group Care Facility Dwelling, Hotel, Motel, Bed and Breakfast or Country Inn.

5.97. Hotel means a Building for housing the traveling public for compensation, with provision of sleeping lodging and accessory services including Restaurants, cooking facilities and Licensed Liquor Establishments.

5.98. Industrial Services means businesses that service the industrial sector.

5.99. Industry, Heavy means any land or Building Use for large-volume material processing and manufacture, primarily from extracted or raw materials, or a Use for manufacturing process storage of hazardous or Obnoxious materials.

5.100. Industry, Light means any Use of land or Building for the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, recycling, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

5.101. Institutional Use means any Building or land Use for non-Commercial purposes by an organized body, including health, educational, religious or other servicing by hospitals, Residential Care Facilities, museums, libraries, Schools, universities, Churches, registered societies per the Societies Act. R.S., c. 435, and police, fire and ambulance emergency servicing.

5.102. Intensive Livestock Operation means a livestock operation comprising five or more Animal Units of Agricultural Animals, Animal Unit calculations per the below chart, with



non-listed Animals to be categorized according to approximate body weight equivalent as a mature Animal: Animal Units: Type of Animal Number Equal to One Animal Unit Cattle, Horses 1 Sheep, Goats, Ponies 2 Chickens, Ducks, Pheasants 10 Swine 2 Turkeys, Geese, Mink, Foxes 10 Rabbits 10

5.103. Kennel means an enclosed Structure for Animals kept for Commercial breeding or showing, for Commercial boarding with or without care, or for general care, including, without limitation, pet daycare, boarding, training, grooming and like servicing, but not including Animal Hospitals.

5.104. Landscaped Open Space means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, Paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property or to provide a Screen between properties in order to mitigate objectionable features between them but shall not include any access driveway, ramp, Parking Lot, or Loading Spaces.

5.105. Landscaping means any combination of trees, shrubs, flowers, grass or other horticulture, decorative stonework, Paving, Screening or other architectural element designed for aesthetic or Screening (see definition of Screen) purposes.

5.106. Licensed Liquor Establishment means a Nova Scotia Liquor Licensing Board licensed establishment per the Liquor Control Act. R.S., c. 260.

5.107. Loading Space means a land area for temporary parking of a Commercial Motor Vehicle for on and off-loading of merchandise and materials, with criteria as follows:

5.107.1. no other Use shall be permitted;

5.107.2. no Street, Highway or road shall be used;

5.107.3. adequate space shall exist for vehicle maneuvering and ingress and egress by a driveway to a public road, Street or Highway; and

5.107.4. smaller vehicles to heavy trucks shall be accommodated.

5.108. Lot means a parcel of land with a deed description (Schedule A) or as shown on a

Registered Plan of Subdivision.

5.109. Lot Area means the total horizontal area within the Lot lines of a Lot.



5.110. Lot, Corner means a Lot situate at the intersection of and abutting two or more Streets, provided the angle of intersection is no more than 135o, with one Street deemed the front line and the other(s) the flanking Street(s) for Setback requirement determination.

5.111. Lot, Coverage means the percentage of the Lot that is covered by Buildings excluding projecting eaves, balconies and similar features.

5.112. Lot, Flag means a Lot situate at the rear of another Lot(s) and accessed by a narrow frontage from a public Street.

5.113. Lot, Frontage means the length of a line joining the side Lot lines and parallel to the front Lot line. Calculation of Lot Frontage for irregularly shaped Lots shall be the horizontal distance between the side Lot lines as measured at a point, where a line drawn perpendicular to a line joining the midpoint of the rear Lot line and the midpoint of the front Lot line at a point equal to the required Front Yard. In determining Yard measurements the minimum horizontal distance from the respective Lot lines shall be used. Calculation of Lot Frontage for Corner Lots shall be the horizontal distance between the side Lot line and the flanking Lot line.

5.114. Lot Lines mean the boundaries of a Lot as specified.

5.115. Lot line, Flanking means the Side Lot Line which abuts the Street on a Corner Lot.



5.116. Lot line, Interior means a Lot Line situated between two Lots and having access to one Street.

5.117. Lot line, Rear means the Lot Line furthest from or opposite to the Front Lot Line.

5.118. Lot line, Side means a Lot Line other than a Front or Rear Lot Line, which is not a Flanking Lot Line.

5.119. Lounge means a Commercial establishment as licensed per the Liquor Control Act. R.S., c. 260.

5.120. Main Building means any Building in which is carried on the principal Lot Use(s).

5.121. Main Wall means the exterior front, side or rear wall of a Building and all supporting structural units.

5.122. Massage Parlour means any establishment in which massage, body rub, alcohol rub, bath or the like is provided, offered, advertised, or solicited by Persons but does not include any premises providing medical or therapeutic treatment under supervision or direction of a physician, chiropractor, osteopath, physiotherapist, or registered massage therapist.

5.123. Mini Home Park means land or premises under single ownership, used exclusively for mobile homes and mini-homes, but does not include seasonal Use Campgrounds.

5.124. Motor Vehicle has the same meaning as in the Motor Vehicle Act, R.S., c. 293 of Nova Scotia or successor legislation as may be enacted from time to time, regardless of registration status.



5.125. Motel/Hotel means roofed accommodation as defined in the Tourist Accommodations Act, 1994-95, c. 9.

5.126. Neighbourhood Commercial Use means any Building or land used for commerce, Retail, and service provision for residential Commercial need.

5.127. Non-conforming Structure means a Structure that does not meet the applicable requirements of a land-use by-law.

5.128. Non-conforming Use of Land means a Use of land that is not permitted in the Zone.

5.129. Non-conforming Use in a Structure means a Use in a Structure that is not permitted in the Zone in which the Structure is located.

5.130. Nursing Home means a Building providing accommodation to the aged, the disabled, or others requiring nursing care and does not include a place maintained by an individual to whom the residents are related by blood or marriage, or a Seniors Residential Complex.

5.131. Obnoxious means a Use that creates a nuisance by emitting noise, vibration, gas, fumes, dust, oil or objectionable odour, or by unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or like material.

5.132. Office means a business or professional establishment for business transacting, service provision or consultation, and does not include product manufacture or on-site Retailing.

5.133. Original Structure means a Structure or portion of a Structure that was in existence at the time it was first occupied for its intended Use. Additions that are consistent with the Original Structure in terms of architectural style, materials, and construction may be considered part of the ‘Original Structure’ provided they are in existence on the effective date of this By-Law.

5.134. Outdoor Furnace means an outdoor wood-burning appliance, a solid fuel burning appliance or a biofuel burning appliance that meets National or Provincial standards and is used for the space heating of any Building, the heating of water or other similar purposes.

5.135. Outdoor Display means the display of merchandise, goods, inventory, materials or equipment not within a Building.

5.136. Outdoor Storage means the storage of merchandise, goods, inventory, materials or equipment not within a Building.

5.137. Parking Area/Lot means an open area of land other than a Street or an area within a Structure for the parking of vehicles. Parking Areas shall consist of Parking Spaces for individual vehicles, driveways or aisles for access to Parking Areas from a public Street and for vehicle manoeuvring and Loading Spaces in specified circumstances (refer to section 22 of this By-Law).

5.138. Parking Space means an area of dimensions per this By-Law for temporary parking or storage of Motor Vehicles.



5.139. Parking Structure means an enclosed or partially enclosed, possibly multi-storey Structure, or space in a Structure used for the storage of automobiles and may include a parking Structure operated as a Commercial for-profit venture.

5.140. Parts Assembly Use means a Use involving the putting together of parts to make a product. The parts shall be pre-manufactured off-site and the assembly process shall not be deemed Obnoxious.

5.141. Passive Recreation means leisure activities using space such as trails, picnic areas, open space, conservation areas, and does not include Uses requiring Buildings or land-intensive activities.

5.142. Paved means an area whereon the surface has been permanently hardened by application of asphalt, concrete, or by similar means, but shall not include a surface composed solely of gravel, sand, or soil, whether completed or not, and shall not include a surface temporarily hardened by application of a stabilizing agent such as oil, ashes, cinders, or a combination thereof.

5.143. Person includes an individual, association, firm, partnership, corporation, incorporated company, organization, trustee, or agent, and its heirs, executors, successors, assigns or other legal representatives.

5.144. Personal Care means the provision of room, board and supervision of, and assistance with, the daily activities of an individual who is aged, disabled, or convalescing from illness or injury.

5.145. Personal Service includes servicing by a barber, hairdresser, beautician, aesthetician, tailor, seamstress, shoemaker, in a tanning salon or depot for Dry Cleaning and laundry collection, and excludes servicing in a Massage Parlour or other Adult Entertainment establishment, and goods manufacture or fabrication for sale.

5.146. Pet Grooming means a business of grooming canine and feline pets.

5.147. Pitch means the slope of a roof.

5.148. Porch means an exterior Building addition forming a covered entrance.

5.149. Private Club means a meeting place for members of an organization such as fraternity, labour union hall, lodge, service club or sorority.

5.150. Professional Architect means a registered member, in good standing, of the Nova Scotia Association of Architects.

5.151. Professional Engineer means a registered member, in good standing, of the Association of Professional Engineers of Nova Scotia.

5.152. Professional Surveyor means a registered member, in good standing, of the Association of Nova Scotia Land Surveyors.



5.153. Professional Use means a building or part thereof in which the principal or main Use is the provision of professional services to the public, and may include, but not be limited to, medical, legal, accounting, engineering, or other similar professionals, but may not include an Obnoxious Use.

5.154. Public Building means a Building of the Government of Canada, the Province of Nova Scotia, a Town, a municipality or by a municipal enterprise.

5.155. Recreation, Active means space designated for leisure Use, usually of a formal nature and often used with equipment at prescribed places, sites or fields.

5.156. Recreation Facility means a place publicly or privately owned, designed and equipped for

the conduct of sports, leisure time activities and other customary and usual recreational activities including but not limited to fitness centres, spas, gymnasiums, arenas, and Swimming Pools.

5.157. Recreational Use means land Use for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, golf courses, picnic areas, Swimming Pools, day camps, and like Uses but does not include a track for the racing of Animals or Motor Vehicles.

5.158. Recycling Centre means a Resource Recovery Fund Board (RRFB) licensed “Enviro-Depot” premises on which recoverable and regulated materials such as newspaper, glassware, plastics, and metal cans and like materials are redeemed.

5.159. Recycling Depot means premises on which recoverable materials such as newspaper, glassware, plastics, and metal cans are separated stored, Warehoused or distributed prior to shipment but does not include material processing or a salvage Yard.

5.160. Reflecting Pool means a man-made body of water or other such Structure used as part of the Landscaping of a property, and is not intended for swimming, bathing, or other similar human recreational aquatic activity.

5.161. Registered Deed means a deed registered at the Nova Scotia Land Registry.

5.162. Registered Plan means a subdivision or survey plan on a parcel register at the Nova Scotia Land Registry.

5.163. Rental Shop means a Building or area of land where small scale residential, Commercial and industrial equipment is kept for rental to individuals for residential property needs and includes lawn & garden tools, floor & carpet cleaning equipment, painting & decorating equipment, moving tools, plumbing tools and masonry tools.

5.164. Repair (or Service) Shop means a Building or portion thereof used for the mechanical repair of goods excluding Motor Vehicles.

5.165. Residential Care Facility means any Building providing temporary or permanent housing and Personal Care to four or more Persons, and includes Residential Day Care congregate housing and sheltered housing.

5.166. Restaurant means a Building in which food and drink is served to the public.



5.167. Restaurant, Drive-in means a Building where food and drink is served to the public for

consumption in Parking Areas appurtenant to the Building, and whether or not facilities are provided for consumption within the Building. This is commonly known as a fast food Restaurant and may include a drive-through car pick-up.

5.168. Restaurant Take-out means a Building where food and drink is served to the public for consumption exclusively off-site and not for consumption in Parking Areas adjacent to the Building.

5.169. Retail means the sale of goods and merchandise, to the public for Personal or household Use.

5.170. Right-of-way means an area of land for private or public access of passage and may also be established by easement or license agreement as the context requires.

5.171. Roof Line means roof profile, form and height.

5.172. Rotor Arc means the circumferential path traveled by the Wind Turbine blade.

5.173. School, Commercial means a school operated by an individual or company for gain or profit, providing instruction in a primary or secondary educational Use within the curricula of the Province of Nova Scotia. It may also offer instruction in a specific trade, skill or service such as secretarial skills, vocational skills, aviation, banking, Commercial arts, automobile driving, language, modelling, business, hairdressing, beauty, culture, dancing and music schools.

5.174. School, Public means an educational Use or Building operated by a public authority, such

as a school board, or provincial or federal authority.

5.175. School, Private means an educational Use or Building operated by a private individual or company, for Commercial gain.

5.176. Screen means a physical obstruction between incompatible land Uses, and may include one or a combination of retained vegetation, Fences, walls, beams, and/or newly Landscaped areas.

5.177. Secondary Suite means a self-contained Dwelling Unit with a prescribed Floor Area located in a Building or portion of a Building of only residential occupancy that contains only one other Dwelling Unit and common spaces, and where both Dwelling Units are on an individual Lot or parcel, such as within an individual detached Dwelling, Semi-detached Dwelling, freehold row Dwelling, or Townhouse. A Secondary Suite may not exceed 80% of the Floor Area of the principal suite, or 80 square metres, whichever is greater, as defined under NBCC.

5.178. Seniors Residential Complex means a multiple-unit Building not subject to use conversion, comprising independent housekeeping units for senior citizen occupancy, with common facilities for dining, recreation, leisure and which may include housekeeping, security, Personal Care, physiotherapy, and activity programs.



5.179. Separation Distance means the horizontal distance, which may include a required Front, Side and/or Rear Yard on a Lot physically separating incompatible land Uses.

5.180. Service Station Canopy means a permanent roofed Structure open on all sides, except the side where attached to a service station to provide shelter for fuel pump customers.

5.181. Setback means the distance between the property line and nearest Building wall and extending the full Lot width or length.

5.182. Shopping Centre means a collection of independent Retail stores, services, and Offices housed in a Building(s) usually constructed and maintained by a single management unit and with common services, parking, internal vehicle circulation, and access roads.

5.183. Sign means a Structure, device, light or natural object including the ground itself, or attachment thereto, used to advertise any object, product, place, activity, or Person, or which displays any letter, work, model, number, banner, flag, pennant, insignia, device or representation to so advertise, and which is visible off-premises or from a parking Lot, and does not include representations located inside of or on windows and glass doors of Commercial Uses.

5.184. Sign Area means:

5.184.1. the area of the display surface not including the support Structure; or

5.184.2. where a Sign has two or more sides, or is conical, spherical, or tubular, Sign Area shall

mean one half of all display surface area; or

5.184.3. where a Sign comprises freestanding characters or shapes, Sign Area shall mean the area of the smallest quadrangle enclosing the composing characters or shapes; Service Station Canopies are exempt from provisions of this definition.

5.185. Sign, Directory means a Sign Erected or authorized to be Erected by Council that may be

Erected on public property listing the names and/or locations of local businesses.



5.186. Sign, Display Surface means that portion of a Sign, including any trim and moulding,

which forms the surface upon which elements are organized, related, and composed to form a unit that conveys a message.

5.187. Sign, Facial Wall means a Sign attached to and supported by a Building wall.

5.188. Sign, Flashing means a Sign, which by means of electrical devices gives the effect of an intermittent movement or changes to give two or more visual effects, or alternates with a lit and unlit effect.

5.189. Sign, Ground means a permanently affixed Sign supported by one or more uprights, poles or braces placed in or upon the ground.

5.190. Sign, Illuminated means a Sign providing artificial light directly, or through any transparent or translucent material, from a connected source, or by a light directed at the Sign, and may include a Light Emitting Diode (LED).

5.191. Sign, Menu Board means a permanently mounted Sign displaying drive-through Restaurant bills of fare, and may comprise separate components.

5.192. Sign, Portable means a Sign not permanently affixed to the ground, including sandwich board Signs.

5.193. Sign, Projecting Wall means a Sign supported by and projecting a minimum of 30.5cm from a Building wall.

5.194. Sign, Roof means any Sign Erected upon, against, or directly above a roof, or on top of, or above the parapet of a Building.

5.195. Sign, Special Event means a Sign supported on a moveable Structure or a banner displayed temporarily and concurrent with a special event, festival, holiday, business opening or closing.

5.196. Sign, Third Party means any Sign advertising a business at an off-site location within the Zone.

5.197. Sign, Temporary means a Sign that may be Erected for a specified period of time and may include portable Signs, banners, constructions Signs, and the like.

5.198. Special Care Facility means a Building in which housing and Personal Care are provided and in which incidental counselling and support services may be provided to four or more Persons, including group homes, sheltered housing, foster homes, half-way houses, and which does not include nursing care or establishments maintained by a Person to whom the residents are related by blood or marriage.

5.199. Street means any road, Highway, boulevard, square or other improved thoroughfare that is owned and maintained, by the Province of Nova Scotia or the Town.



5.200. Street, Arterial means a roadway used primarily for through traffic to carry large volumes of all types of vehicular traffic moving at medium to high speeds. Arterials typically connect with collectors and other arterials, carrying through traffic between major land Uses. The amount of direct access to adjacent Development is limited on arterial roads. Generally, there are controlled pedestrian crossings on arterials and a clear separation between pedestrian and vehicular traffic.

5.201. Street, Collector means a roadway providing land access and traffic movement in equal measure, carrying moderate speed traffic between local and arterial roadways.

5.202. Street, Local means a roadway whose primary function is to provide direct access to individual properties. Locals are typically designed to carry low traffic volumes, moving at slow speeds for short distances. They normally connect to other locals and collectors and serve residential land Uses. Generally Local Streets do not have sidewalks, vehicular and pedestrian traffic share the same Right-of-way.

5.203. Street Line means the boundary line of a roadway, including sidewalks.

5.204. Structure means an Erection built or constructed of joined parts or affixed to or supported by soil or by any other Structure including, without limitation, Buildings, Signs, Swimming Pools and Fences.

5.205. Studio means the working space of a Person producing Artwork or other creative enterprise.

5.206. Subject Property means the Lot and all Structures with contents that are the subject of review.

5.207. Swimming Pool means a permanent or portable water-filled Structure, above ground or in-ground, with a minimum depth of 0.6 metres below surrounding land level, used for swimming and bathing, and does not include Reflecting Pools or other Landscaping features, and is not an Accessory Structure.

5.208. Telecommunication means any facility, apparatus or related Tower, antennae, Building or equipment with capacity for or connected with Telecommunications, including a transmission facility, and excluding amateur or shortwave radio and residential or small Commercial television or radio reception equipment such as satellite dishes.

5.209. Temporary Building/Structure means a Structure without any foundation or footings and which is removed when the designated time period, activity, or Use for which the Temporary Building/Structure was Erected has passed.

5.210. Temporary Use means a Use established for a fixed time period to be discontinued upon the expiration.

5.211. Tourist/Guest Home means an establishment providing Accommodation for the Use of the travelling or vacationing public, with a maximum of four rental units (bedrooms) and a common living room in a private home that may provide breakfast for compensation.



5.212. Tourist Establishment means a Building used to accommodate the travelling public by provision of sleeping Accommodation for compensation.

5.213. Tower means any Structure that supports antennae, including self-supporting lattice Towers, guy Towers, or monopole Towers, and includes radio and television transmission Towers, microwave Towers, common-carrier Towers, cellular telephone Towers or personal communications services Towers.

5.214. Town means the municipalities of the Towns of New Glasgow, Pictou, Stellarton, Trenton and Westville, or their municipal enterprises, as applicable.

5.215. Town Engineer means the Person appointed by the applicable Town, with powers pursuant to the MGA.

5.216. Traffic Authority means the Local Traffic Authority for the applicable Town, appointed per the Motor Vehicle Act, R.S., c. 293.

5.217. Turbine, Large Scale Wind (LWT) means a Wind Turbine providing power to the local Utility grid, with a minimum power generation capacity of 100 kilowatts, and a maximum height of 150 metres.

5.218. Turbine, Mini Wind (MWT) means a Wind Turbine providing supplemental power to a home or business, with a maximum power generation capacity of 10 kilowatts, and a maximum height of 22.9 metres.

5.219. Turbine, Small Scale Wind (SWT) means a Wind Turbine providing on-site power to a home or business, with a power generation capacity between 11 and 99 kilowatts, inclusive, and a maximum height of 52 metres, which may also be used for net metring.

5.220. Use means that for which land or Structures are purposed.

5.221. Utility means any public or private system, works, plant, equipment providing servicing for public Use at approved rates, and which is not Obnoxious.

5.222. Variance means a relaxation of LUB terms, as particularized in the MGA.

5.223. Verandah means a roofed or open Structure that may be glazed or Screened and that is attached to a Building.

5.224. Video Outlet means a Building or portion thereof used for video and related accessory sale, lease or rental.

5.225. Warehouse means a Building used primarily for the storage and distribution of goods and materials and may include wholesale or Retail activity, provided such activity is subordinate to the main Use.

5.226. Watercourse means as defined in the Environment Act, SNS 1994-95, c. 1 and includes the bed and shore of every river, stream, lake, creek, pond, spring, lagoon or other natural water body and any water therein, whether it contains water or not, and all ground water.



5.227. Wetland means as defined in the Environment Act, SNS 1994-95, c. 1 and includes a marsh, swamp, fen or bog that either periodically or permanently has a water table at, near or above the surface or that is saturated with water, and sustains aquatic processes.

5.228. Wholesale Establishment means a Building in which quantity commodities are sold to industrial, Institutional, and Commercial users or to retailers or other merchants for resale or business Use.

5.229. Wind Test Tower means a temporary Tower and mechanical device used to measure wind dynamics for potential Wind Turbine locations.

5.230. Wind Turbine means a mechanical Structure that converts kinetic wind energy into electrical power.

5.231. Wind Turbine Development means a collection of two or more Wind Turbines with placement over a specified area with connection to the local Utility grid.

5.232. Wind Turbine Height means the measurement of a Wind Turbine from grade to the highest point of the Rotor's Arc.

5.233. Yard means an open uncovered space on a Lot appurtenant to a Building and unoccupied by Structures, with measurements to be obtained by minimum horizontal distance from the respective Lot lines to the Building, and does not include a Court.

5.234. Yard, Abutting means a Yard contiguous with or extending across Zone boundaries.

5.235. Yard, Flankage means the Side Yard of a Corner Lot that extends from the Front Yard to the Rear Yard between the flankage Lot line and the nearest Building or Structure Main Wall.

5.236. Yard, Front means a Yard extending the full width of a Lot between the front Lot line and the nearest Building or Structure wall on the Lot.

5.237. Yard, Minimum means the smallest permitted Yard.



5.238. Yard, Rear means a Yard extending the full width of a Lot between the rear Lot line and the nearest Main Building or Structure wall on the Lot.

5.239. Yard, Side means a Yard extending from the Front Yard to the Rear Yard of a Lot between a side Lot line and the nearest Building or Structure wall on the Lot.

5.240. Youth Centre means a Building or part of a Building, which provides youth-oriented activities owned and/or operated by a community non-profit organization or as a private business in association with a Community Centre.

5.241. Zone means land as designated on the Zoning Map attached hereto and forming part of this By-Law, and land created by harbour or coastal infill beyond Zoning Map boundaries shall have the same zoning as immediately adjacent lands.


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Part 3: Administration

6. Development Officer Development Officers shall be appointed pursuant to the MGA to issue Development Permits and carry out such duties as are prescribed by legislation or by this By-Law and shall perform such other duties as Council may direct.

7. Development Permit

7.1. No Development shall be undertaken without an issued Development Permit, unless otherwise set out in this LUB, or applicable legislation.

7.2. Every Development Permit is valid for twenty-four months from the date issue.

7.3. Development Permits shall be:

7.3.1. MGA and LUB compliant; and

7.3.2. granted pursuant to section 235 of the MGA, respecting Variances and the time for appeal has lapsed and there is disposition of any appeal, pursuant to section 237 of the MGA.

8. Deviations

8.1. No developer shall deviate, or permit deviations to be made from the Development Permit

except for minor revisions or Alterations that do not contradict the Development Permit, unless such revisions or Alterations are acceptable by the Development Officer, who shall make determinations in this regard.

8.2. A Development Permit may be renewed for an additional twenty-four month period provided:

8.2.1. no prior renewals have been issued; and

8.2.2. continued MGA and LUB compliance.

9. Right of Entry Duly authorized municipal employees shall have the right of entry for inspection purposes, pursuant to the MGA.

10. Lapse of Permits A Development shall commence from the date of Permit issued under this or any previous LUB, but approval shall automatically lapse, and become null and void, if the Development to which it relates has not commenced and one year has elapsed since it issuance.



11. Revocation of Permits A Development Permit, where the permit was issued on mistaken or false information may be revoked when issued. Revocation shall be in writing and served in accordance with notice provisions of the MGA.

12. Refusal of Permits Development Permit refusal shall be in writing and served in accordance with notice provisions of the MGA.

13. Violations Violations shall be addressed per sections 266 and 267 of the MGA, or any other applicable legislation.

14. Application for Development Permits

14.1. Contents of Application Development Permit applications shall be authorized in writing by the Lot owner or agent, with attached plan to applicable scale, or information otherwise acceptable to the Development Officer, as showing:

14.1.1. the accurate shape and dimension of the Lot or property to be used for Development;

14.1.2. proposed Use, location, height, and dimensions of the subject Structure, including measurements of the Lot Frontage, Front, Side and Rear Yards;

14.1.3. location of existing Structure already constructed, or partly constructed on such Lot

and the location of every Building or Structure existing upon abutting Lots or properties;

14.1.4. the proposed location and dimensions of Parking Areas, Parking Spaces, Loading

Spaces, driveways, curbs, Landscaping; and

14.1.5. other information as may be required to determine compliance.

14.2. Survey of Lands Where the Development Officer is unable to determine whether the proposed Development conforms to legislation, a survey by a Professional Surveyor may be required with the application.

15. Planning Advisory Committee A Council may appoint a Planning Advisory Committee pursuant to section 200 of the MGA to advise on the preparation or amendment of planning documents or planning matters in general.



16. General By-Law Provisions

16.1. Notices of applications for SPA or Variances Notices respecting SPA or Variance applications shall be provided to property owners within 60 metres (200 feet) of the Subject Property. Such notice shall:

16.1.1. describe the proposed Variance or Development;

16.1.2. provide the date, time and place for the public hearing, if applicable; and

16.1.3. be served in accordance with MGA notice provisions.

16.2. Cost of Advertising for SPA or Variance applications All fees, including without limitation, applications, amendments and notice fees, shall be in accordance with policy per MGA 49(1) (c).


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Part 4: Interpretation of Maps and Text

17. Zone Classification For the purpose of this By-Law, the Towns are divided into Zone classifications, the boundaries of which are indicated on the Zoning Map by symbols as follows:

Table 1 – Zone Classifications

ZONE CLASSIFICATION SYMBOL Rural Residential RR Residential Single Unit R1 Residential Two Unit R2 Residential Multiple Unit R3 Residential Mini Home R5 Downtown Core C1 Downtown Commercial C1-A Neighbourhood Commercial C2 Highway Commercial C3 Commercial Business Park C4 Westside Plaza Commercial C5 Future Redevelopment Area FRA Light Industrial M1 Provincial Resource M2 General Industry M3 Institutional I Recreation P Floodplain F Waterfront W Water Supply WS Airport AP

18. Zoning Map

Schedule A forms part of this By-Law.

19. Interpretation of Zoning Boundaries Boundaries between Zones, as shown on Schedule A, shall be determined as follows:

19.1.1. for a Street, railway Right-of-way, electrical transmission line Right-of-way or Watercourse, the boundary shall be the centre line of the Street, Right-of-way or the top of the bank of the Watercourse;

19.1.2. for Lot lines, the boundary shall follow the Lot lines;


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19.1.3. where a Street, Highway, railroad or rail right-of- way, electrical transmission line Right-of-way, Watercourse or other linear feature is included on Schedule A and serves as a boundary between two or more Zones, a line midway on such Right-of-way, Watercourse or other linear feature, and extending in the general direction of the long division thereof, shall be considered the boundary between Zones unless specifically indicated otherwise; and

19.1.4. where the Zone boundary is indicated as following the shoreline of a river or bay, the

boundary shall follow the actual shoreline, including wharves and piers.

20. Zones not on Zoning Map Schedule A may be amended provided that the amendment conforms to the Generalized Future Land Use Map (GFLUM) and the MPS.


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Part 5: All Zones

21. General

21.1. Permitted and Prohibited Uses In this By-Law any Use not listed as a permitted Use in a Zone is prohibited in that Zone excepting where the Use is nonconforming per section 238 of the MGA, or as per section 21.5 of this By-Law.

21.2. Licenses, Permits and Compliance with other By-Laws This By-Law is intended to add to, and not to conflict with or subtract from, the requirements contained in valid provincial or federal legislation and regulations in force from time to time and shall be interpreted accordingly.

21.3. Multiple Land or Building Uses In any Zone permitting multiple Uses, provisions regulating all Uses shall apply, and adherence to the most stringent standard shall apply.

21.4. Existing Non-conforming Uses, Structures or Land Any Non-conforming Building, Structure or land Use, including where construction has commenced on such Use as of the effective date of this By-Law, shall be subject to the MGA provision respecting Non-conforming Uses.

21.5. Changes to Non-conforming Uses, Structures or Land

21.5.1. Notwithstanding section 21.4, DA (Policy G-18) and SPA (Policy IM-23) applications (where enabled, see section 31) may be considered, subject to the MGA provision respecting Non-conforming Uses, for the following:

a. Non-conforming Structure or Structure Use Alteration; b. Non-conforming Structure or Structure Use rebuilding after destruction; c. Non-conforming Structure or Structure Use recommencement after

discontinuation; d. Non-conforming Structure change in Use; e. Non-conforming Structure change in Use to a Non-conforming Use; and f. Non-conforming Use expansions.

21.5.2. Notwithstanding anything else in the By-Law, the Use of a Building may be changed to

a Use permitted on the Lot by this By-Law where the Lot Frontage, any Yard, or Lot Area required or all of these is less than the requirements of the By-Law, provided that the Building was existing on or before the effective date of this By-Law and that all other requirements of the By-Law are satisfied.


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21.5.3. Where a Building has been Erected on or before the effective date of the By-Law, on a Lot which has less than the Minimum Yard or Yards required by this By-Law, the Building may be enlarged, reconstructed, repaired, or renovated provided that:

a. the enlargement, reconstruction, repair, or renovation does not further reduce

any Yard that does not comply to this By-Law and for enlargement or reconstruction the Minimum Yard requirement shall be 1.2 metres (4 feet); and

b. all other applicable provisions of the By-Law are satisfied.

21.5.4. Notwithstanding anything else in this By-Law, an existing undersized Lot described in a deed on or before the effective date of this By-Law, having less than the minimum frontage or area requir

PICTOU COUNTY LAND USE BY-LAW Towns of New Glasgow, … · Strategy (“IPS”) and the Secondary...

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